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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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principle
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... (a) the applicability of the basic
principles
of GATT 1994 and of
relevant
international
intellectual property
agreements
or
conventions
; ...
... (b) the
provision
of adequate standards and
principles
concerning
the
availability
,
scope
and use of
trade
-related
intellectual property rights
; ...
...
Recognizing
the need for a
multilateral
framework
of
principles
,
rules
and disciplines dealing with
international trade
in counterfeit
goods
; ...
ARTICLE-8
: Principles [
go to this ARTICLE
]
...
Principles
...
ARTICLE-49
: Administrative Procedures [
go to this ARTICLE
]
... To the
extent
that any
civil
remedy
can be ordered as a result of
administrative
procedures
on the
merits
of a
case
, such
procedures
shall conform to
principles
equivalent
in
substance
to those set forth in this Section. ...
ARTICLE-50
[
go to this ARTICLE
]
... 8. To the
extent
that any
provisional measure
can be ordered as a result of
administrative
procedures
, such
procedures
shall conform to
principles
equivalent
in
substance
to those set forth in this Section. ...
ARTICLE-59
: Remedies [
go to this ARTICLE
]
... Without
prejudice
to other
rights
of
action
open
to the
right
holder and
subject
to the
right
of the defendant to
seek
review
by a
judicial authority
,
competent
authorities
shall have the
authority
to
order
the
destruction
or
disposal
of infringing
goods
in
accordance
with the
principles
set out in Article
46
. In
regard
to counterfeit
trademark
goods
, the
authorities
shall not allow the re-
exportation
of the infringing
goods
in an unaltered
state
or
subject
them to a different
customs
procedure
, other than in
exceptional
circumstances
. ...
ARTICLE-62
[
go to this ARTICLE
]
... 4.
Procedures
concerning
the
acquisition
or
maintenance
of
intellectual property rights
and, where a
Member
's
law
provides for such
procedures
,
administrative
revocation and inter partes
procedures
such as
opposition
, revocation and cancellation, shall be
governed
by the
general principles
set out in paragraphs 2 and 3 of Article
41
. ...
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